we talked ant the obama care case. that was deference to congress or not. this actually is in the constitution, section 5, not the statute, but the 14th amendment. it's referring to congress. the state's rights argument. this isn't fair to states. what else did we talk about? texas 'affirmative action. in order to avoid a finding that you have discriminated against minorities, sometimes they might have to take race into account and do a racial affirmative action. that gets some conservatives upset about this. this is kind of a perfect storm of affirmative action deferring to congress state's rights. >> can i jump in here? it's interesting, we have a powerful narrative that progress is inevitable. with respect to race, i think what we see is progress is more fitful. we have significant progress which we are seeing in the wake of the 2008 elections. since section 5 sits that that space, it recognizes we have a past of historical discrimination and congress made a judgment that problem is likely to continue, which is why the covered jurisdictions need to seek